State v. Sua (Order of Amendment)

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I, Plaintiff-Appellee,

v. ALOMALIETOA SUA, Defendant-Appellant

NO. 21480

ORDER OF AMENDMENT

(CR. NO. 97-1769)

SEPTEMBER 1, 1999

BURNS, C.J, WATANABE, AND ACOBA, JJ.

The opinion of the court, filed on August 30, 1999, is amended as follows (deletions are bracketed and additions are underscored):

1. Lines 7 and 8 from the top of page 2: with that given at trial, (2) a witness's [denial at trial of] pretrial statements purportedly inconsistent with the witness's trial testimony [such denials]

2. Lines 9 through 11 from the top of page 22: the grand jurors. Unlike the procedure afforded at a preliminary hearing, Defendant had no opportunity to question Gooman [much less cross-examine him]. The State was free to develop Gooman's testimony

3. Line 8 from the top of page 23: right of cross-examination. Cf. Roberts, 488 U.S. at 66.

4. Line 14 from the top of page 25: added). [As a result, Meister's] Because Meister was not so subject to cross-examination, his grand jury testimony was held

5. Line 12 from the bottom of page 45: statements of Kaowili and Pauahi, Goo[d]man's and Marlene's testimonies constituted

The Clerk of the Court is directed to incorporate the foregoing change in the original opinion.